Energy judge hits out at Backdale ruling

A leading High Court judge famed for his judgment last year damning the government’s 2006 Energy Review as “unlawful”, has slammed the planning inspectorate’s ruling on Backdale Quarry as “fundamentally flawed”.

Upholding the appeal by landowner Bleaklow and operator MMC Minerals over an enforcement notice placed on the site by the Peak District National Park Authority (PDNPA), Mr Justice Sullivan said the notice was unlawful and remitted the decision back to Secretary of State at the end of the three-day hearing.

Mr Justice Sullivan was also called on by QCs representing all parties to define the wording on the disputed 1952 planning permission, which, he said, allowed the removal of limestone for health and safety and other reasons as long as it was reasonable. The judge is expected to publish his written statement next week.

The Planning Inspector had ruled that fluorspar and byrates could only be won at a ratio of 2:1 with limestone. The appellants had argued this was an unfair judgment as it technically blocked the working of minerals.

A Freedom of Information Act request from MQR Magazine last year revealed that the PDNPA had spent £430,000 on fighting the operations at Backdale and Wagers Flat up to mid-last year.